Unequal Pay Claims

I don’t think I’m being paid fairly compared to men doing the same job.

Can I bring a claim for pay discrimination under Texas law?

Most women in Texas bring their equal pay claims under the federal law known as the Equal Pay Act. According to the Texas Workforce Commission, whenever a woman brings an Equal Pay Act claim, the complaint is automatically forwarded to the Equal Employment Opportunity Commission (EEOC) for investigation.

It is unclear whether Texas state law allows women any recourse to pursue equal pay claims. Texas does not have its own version of the Equal Pay Act. You may, however, be able to bring a claim of pay discrimination under existing Texas law if you can prove your employer intended to discriminate against women by paying them less than men in the workplace (as you can with Title VII). You should consult with an attorney to determine if a state equal pay claim would be viable. Federal law may simply provide an easier and more successful route against your employer.

Currently, the Texas State Senate is considering a state version of the Equal Pay Act (Bill Number S.B. 74), which would prohibit wage discrimination on the basis of sex.